GABBU Vs. STATE OF M P

JUDGEMENT

(1.) Accused-appellant Gabbu was tried for committing offences under Section 366 read with Section 34 and under Section 506-B of the Indian Penal Code (IPC) along with Sheru who was charged under Sections 366, 376 and 506-B, IPC and Sardar charged under Sections 368 and 506-B, IPC. The Sessions Court convicted the accused-appellant under Sections 366 and 506-B, IPC and respectively sentenced him to undergo two years rigorous imprisonment with fine of Rs. 500/- and one year rigorous imprisonment with fine of Rs. 500/-, and in default of the payment of fine simple imprisonment for two months was awarded. Accused Sheru was convicted under Sections 366 and 376, IPC and the third accused Sardar was acquitted. The High Court in appeals preferred by the accused appellant and the other accused Sheru, confirmed the order of the Sessions Court. Feeling aggrieved by the order of conviction and sentence, accused-appellant Gabbu has preferred this appeal by special leave. The other accused Sheru has not filed any appeal and order of conviction and sentence against him has attained finality.

(2.) As per the prosecution case, complainant Bisan Singh, the husband of prosecutrix, and the prosecutrix were labourers and residing behind of Technical School, Dhar. On the night of 25-7-1992 when the complainant was sleeping in his house, his wife Sita Bai went out of the house to attend the call of nature and there the accused-appellant along with accused Sher Singh alias Sheru at point of a weapon gave her threats and abducted her against her wishes. The complainant kept on searching his wife and he went to the house of accused Sheru at Brahmakundi and came to know that the accused was missing since last night. He made search at other places also but could not find her. He narrated the story to different persons who told him that the accused had taken away his wife somewhere else. The report was lodged on 26-7-1992 at the Police Station, Dhar, but the same was not registered properly.

(3.) As per the prosecution version, when the prosecutrix went to attend the call of nature she was threatened by the accused-appellant by showing a knife and the other accused put a hand on her mouth and they abducted her. The accused-appellant accompanied the prosecutrix, and the other accused up to the place called Gunabad. Thereafter, the other accused took the prosecutrix away to Ghata village by truck and thereafter to Bhanwar Kuan, Indore in a motor. Thereafter, she was taken to village Nibhodi where she was allegedly kept in the house of the acquitted accused who was a distant relative of the other accused Sheru. She was sexually exploited and raped by the other accused at that place. The prosecutrix escaped from Nibhodi and reached her maternal uncles place and narrated the incident to him and her husband. A report to the Superintendent of Police regarding this incident was given and the case was registered against the accused persons on 22-10-1992.